Lowenthal v. Tcherepnin

holding that a court will not “permit a party to allege on appeal what it failed to claim to the trial court” | stating that appellate court will not "permit a party to allege on appeal what it failed to claim to the trial court," since that "would allow a party to obtain a new trial simply on its claim that it would have proven a certain fact or facts had it been given a chance" | stating that appellate court will not “permit a party to allege on appeal what it failed to claim to the trial court,” since that “would allow a party to obtain a new trial simply on its claim that it would have proven a certain fact or facts had it been given a chance” | defendant argued search warrant facially invalid under state law; sufficiency under state law deemed irrelevant, federal standards govern admissibility | search warrant for No. 623 authorized search of 622 when both parcels were owned by defendant, there was a clear path between them, and building described was on 622 | conviction for possessing a machine gun, even though the weapon was missing a magazine and could only fire a single shot; jury could infer that with a magazine inserted, weapon would become fully automatic